beta
(영문) 서울중앙지방법원 2013.04.02 2013고단231

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On June 13, 2008, the Defendant issued a summary order of KRW 500,000,000 as a fine for larceny at the Seoul Central District Court on September 9, 2008, a summary order of KRW 500,000,000 as a fine for larceny at the Seoul Southern District Court on July 16, 201, a summary order of KRW 500,000 as a fine for larceny at the Seoul Central District Court on November 21, 201, a summary order of KRW 2 million as a fine for larceny at the Seoul Southern District Court on December 5, 201, and a person who has a record of being issued a summary order of KRW 700,000,00 as a fine for larceny at the Seoul Southern District Court on December 5, 201.

【Criminal Facts】

On December 20, 2012, the Defendant: (a) around 18:05, at the store of women C in Jung-gu Seoul Special Metropolitan City, the victim D, who was a selling member, used a cresh in which surveillance was neglected by other customers by taking advantage of such a cresh; and (b) committed theft with verification minking 1,480,000 won at the market price managed by the victim.

In addition, the Defendant stolen nine clothes worth totaling KRW 25,925,000 from November 20, 2007 to December 20, 2012, as shown in the list of crimes committed in the attached Table, all nine times during the period from around November 20, 207.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement made to D, E, F, G, H, I, and J;

1. Police seizure records;

1. Each photograph;

1. Previous convictions in judgment: Criminal records and summary orders;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act, inclusive, with respect to the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 333(1) of the Return Criminal Procedure Act [the scope of applicable sentences under law] after discretionary mitigation, one year and six months to fifteen years.